71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 70
LC 1173/SB 70-5
SENATE AMENDMENTS TO
SENATE BILL 70
By COMMITTEE ON JUDICIARY
May 4
On page 1 of the printed bill, line 2, delete '3.012 and 3.041'
and insert '2.165, 3.012, 3.041, 3.436, 8.125, 9.780, 33.420,
113.095, 177.080, 221.710, 238.535, 238.575, 292.405, 292.410,
292.415, 292.425 and 357.203'.
Delete lines 5 through 30 and delete pages 2 through 4 and
insert:
'
{ + JUDGES' SALARIES + }
' { + SECTION 1. + } ORS 292.405 is amended to read:
' 292.405. (1) The annual salary of the Chief Judge of the
Court of Appeals shall be { - $93,600 - } { + $___ + } for
the year beginning July 1, { - 1997 - } { + 2001 + }, and
each year thereafter.
' (2) The annual salary of each other judge of the Court of
Appeals shall be { - $91,500 - } { + $___ + } for the year
beginning July 1,
{ - 1997 - } { + 2001 + }, and each year thereafter.
' { + SECTION 2. + } ORS 292.410 is amended to read:
' 292.410. (1) The annual salary of the Chief Justice of the
Supreme Court shall be { - $95,800 - } { + $___ + } for the
year beginning July 1, { - 1997 - } { + 2001 + }, and each
year thereafter.
' (2) The annual salary of each other judge of the Supreme
Court shall be { - $93,600 - } { + $___ + } for the year
beginning July 1,
{ - 1997 - } { + 2001 + }, and each year thereafter.
' { + SECTION 3. + } ORS 292.415 is amended to read:
' 292.415. The annual salary of each judge of a circuit court
shall be { - $85,300 - } { + $___ + } for the year beginning
July 1, { - 1997 - } { + 2001 + }, and each year thereafter.
' { + SECTION 4. + } ORS 292.425 is amended to read:
' 292.425. The annual salary of the judge of the Oregon Tax
Court shall be { - $88,000 - } { + $___ + } for the year
beginning July 1,
{ - 1997 - } { + 2001 + }, and each year thereafter.
'
{ + JUDGES' RETIREMENT + }
' { + SECTION 5. + } ORS 238.535 is amended to read:
' 238.535. (1) Prior to attaining 60 years of age, all judge
members shall elect in writing to retire under either paragraph
(a) or (b) of this subsection. The election shall be irrevocable
after the judge member attains 60 years of age. Any judge member
who fails to make the election provided for in this subsection
prior to attaining 60 years of age shall be retired under the
provisions of paragraph (a) of this subsection.
' (a) Upon retiring from service as a judge at the age of 65
years or thereafter a judge member who has made contributions to
the Public Employees Retirement Fund during each of five calendar
years shall receive as a service retirement allowance, payable
monthly, a life pension (nonrefund) provided by the contributions
of the judge member and the state in an annual amount equal to
2.8125 percent of final average annual salary multiplied by the
number of years of service as a judge not exceeding 16 years of
service as a judge and 1.67 percent of final average salary
multiplied by the number of years of service as a judge exceeding
16 years of service as a judge, but the annual amount shall not
exceed 65 percent of final average salary.
' (b) Upon retiring from service as a judge at the age of 60
years or thereafter, a judge member who has made contributions to
the Public Employees Retirement Fund during each of five calendar
years shall receive as a service retirement allowance, payable
monthly, a life pension (nonrefund) provided by the contributions
of the judge member and the state in an annual amount equal to
3.75 percent of final average salary multiplied by the number of
years of service as a judge not exceeding { - 16 - } { +
18 + } years of service as a judge and two percent of final
average salary multiplied by the number of years of service as a
judge exceeding { - 16 - } { + 18 + } years of service as a
judge, but the annual amount shall not exceed 75 percent of final
average salary.
' (c) Any judge member electing to retire under paragraph (b)
of this subsection shall serve as a pro tem judge, without
compensation, for 35 days per year for a period of five years. A
judge who serves more than 35 days per year may carry over the
additional days to fulfill the pro tem service obligation in
future years. The five-year period shall commence on the judge
member's date of retirement or the date on which the judge member
commences pro tem service under ORS 238.545 (4), whichever is
earlier. Judge members may be reimbursed for expenses incurred in
providing pro tem services under this paragraph. Upon
certification from the Chief Justice that any judge member who
retired under paragraph (b) of this subsection has failed to
perform the pro tem services required under this paragraph, and
has not been relieved of the obligations to perform those
services in the manner provided by this paragraph, the Public
Employees Retirement Board shall recalculate the service
retirement allowance of the noncomplying judge member as though
the judge member elected to retire under paragraph (a) of this
subsection, and the noncomplying judge member shall receive only
that recalculated amount thereafter. A judge may be relieved of
the pro tem service obligation imposed by this paragraph if the
judge fails for good cause to complete the obligation. A retired
judge member who is relieved of the obligation to serve as a pro
tem judge shall continue to receive the retirement allowance
provided in paragraph (b) of this subsection.
' (d) For the purpose of paragraph (c) of this subsection:
' (A) 'Good cause' includes, but is not limited to:
' (i) Physical or mental incapacitation of a judge that
prevents the judge from discharging the duties of judicial
office;
' (ii) Failure of the appointing authority to assign a judge to
the requisite amount of pro tem service, whether because of
insufficient need for pro tem judges, a determination by the
appointing authority that the skills of a judge do not match the
needs of the courts, clerical mistake, or otherwise; or
' (iii) Death of a judge.
' (B) 'Good cause' does not include:
' (i) A judge's refusal, without good cause, to accept pro tem
assignments sufficient to meet the required amount; or
' (ii) A judge's affirmative voluntary act that makes the judge
unqualified to serve as a judge of this state including, but not
limited to, failure to maintain active membership in the Oregon
State Bar, acceptance of a position in another branch of state
government, or acceptance of a position in the Government of the
United States or of another state or nation.
' (e) The Chief Justice may make rules for the implementation
of this subsection.
' (2) As used in subsection (1) of this section, 'final average
salary' means whichever of the following is greater:
' (a) The average salary per calendar year paid to a judge
member in three of the calendar years of service as a judge
before the judge member retires, in which three years the judge
member was paid the highest salary.
' (b) One-third of the total salary paid to a judge member in
the last 36 calendar months of service as a judge before the
judge member retires.
' (3) As used in subsection (1) of this section, 'number of
years of service' means the number of full years plus any
remaining fraction of a year. In determining a remaining
fraction, a full month shall be considered as one-twelfth of a
year and a major fraction of a month shall be considered as a
full month.
' (4) For a judge who elects to become a judge member as
provided in ORS 237.215 (3) (1989 Edition), the service
retirement allowance under subsection (1) of this section on
retirement at the age of 70 years and either 12 years of service
or two full six-year terms as a judge shall be at least the
equivalent of the retirement pay the judge would have received
had the judge retired under ORS 1.314 to 1.390 (1989 Edition).
' (5) A judge member who has made contributions to the Public
Employees Retirement Fund during each of five calendar years and
who attains the age of 60 years shall be retired upon written
application by the judge member to the board on a reduced service
retirement allowance which shall be the actuarial equivalent of
the service retirement allowance provided for in subsection
(1)(a) of this section.
' (6) For the purposes of this section, a judge who elects to
become a judge member as provided in ORS 237.215 (3) (1989
Edition) shall be considered to have made contributions to the
Public Employees Retirement Fund during one calendar year for
each calendar year during which the judge made contributions to
the Judges' Retirement Fund.
' (7)(a) Notwithstanding subsection (1)(a) of this section, the
maximum percentage used in calculating the annual amount of the
life pension (nonrefund) for a judge who is a judge member on
September 27, 1987, or who elected to become a judge member in
the manner provided by ORS 237.215 (3)(b) or (4)(b) (1989
Edition), shall be the percentage specified by paragraph (b) of
this subsection if either:
' (A) On September 27, 1987, the judge had more than 28 years
of service that were creditable either under the system; or
' (B) On September 27, 1987, the judge had more than 28 years
of service that were creditable under the Judges' Retirement Fund
established pursuant to ORS 1.314 to 1.390 (1989 Edition) and the
judge became a member of the system under the provisions of ORS
237.215 (3)(b) (1989 Edition).
' (b) The maximum percentage used in calculating the annual
amount of the life pension (nonrefund) of a judge member who
meets the requirements of paragraph (a) of this subsection shall
not exceed 45 percent plus 1.67 percent multiplied by the number
of years of service as a judge that exceed 16 years and that were
served on or before September 27, 1987.
' (c) In computing the annual amount of the life pension of a
judge who meets the requirements of paragraph (a) of this
subsection, the board shall use the percentage specified by
paragraph (b) of this subsection and the final average salary of
the judge computed on the date of retirement, not the final
average salary of the judge computed as of September 27, 1987. In
making the computation under this subsection, the board shall use
the definition of 'final average salary' provided by ORS 238.535
as amended by section 2, chapter 625, Oregon Laws 1987.
' { + SECTION 6. + } { + Section 7 of this 2001 Act is added
to and made a part of ORS 238.500 to 238.585. + }
' { + SECTION 7. + } { + (1) A judge member who elects to
retire under ORS 238.535 (1)(b):
' (a) Shall continue to be eligible as a nonretired employee
for health benefit plans contracted for under ORS 243.135 during
the time that the judge member is serving as a pro tem judge
under ORS 238.535 (1)(c); and
' (b) Shall continue to receive the monthly state contribution
as payment of all or part of the cost of a health benefit plan
during the time that the judge member is serving as a pro tem
judge under ORS 238.535 (1)(c).
' (2) A judge member receiving the monthly state contribution
as payment of all or part of the cost of a health benefit plan
under this section is not eligible for payments against the cost
of Medicare supplemental insurance under ORS 238.420 until such
time as the judge member is no longer serving as a pro tem judge
under ORS 238.535 (1)(c). + }
' { + SECTION 8. + } { + (1) The calculation for service
retirement allowance provided by the amendments to ORS 238.535 by
section 5 of this 2001 Act is applicable to a judge member who
retires on or after the effective date of this 2001 Act and who
has elected to retire under ORS 238.535 (1)(b), whether that
election occurs before, on or after the effective date of this
2001 Act.
' (2) Notwithstanding any other provision of ORS 238.535, any
judge member who is receiving the service retirement allowance
provided by ORS 238.535 (1)(b) on the effective date of this 2001
Act, without regard to when the judge retired, shall be entitled
to receive a service retirement allowance calculated under ORS
238.535 (1)(b), as amended by section 5 of this 2001 Act, first
effective for the first full month after the effective date of
this 2001 Act and payable thereafter.
' (3) Section 7 of this 2001 Act applies to all judge members
who retire under the provisions of ORS 238.535 (1)(b), whether
before, on or after the effective date of this 2001 Act, for as
long as the judge member is performing the period of pro tem
service required by ORS 238.535 (1)(c). + }
'
{ + NEW TWENTY-SEVENTH JUDICIAL DISTRICT + }
' { + SECTION 9. + } ORS 3.012 is amended to read:
' 3.012. (1) The judicial districts, the counties constituting
the judicial districts and the number of circuit court judges for
each judicial district are as follows:
' (a) The first judicial district consists of Jackson County
and has seven judges.
' (b) The second judicial district consists of Lane County and
has 15 judges.
' (c) The third judicial district consists of Marion County and
has 13 judges.
' (d) The fourth judicial district consists of Multnomah County
and has 37 judges.
' (e) The fifth judicial district consists of Clackamas County
and has 10 judges.
' (f) The sixth judicial district consists of the counties of
Morrow and Umatilla and has four judges.
' (g) The seventh judicial district consists of the counties of
Gilliam, Hood River, Sherman, Wasco and Wheeler and has four
judges.
' (h) The eighth judicial district consists of Baker County and
has one judge.
' (i) The ninth judicial district consists of Malheur County
and has two judges.
' (j) The tenth judicial district consists of the counties of
Union and Wallowa and has two judges.
' (k) The eleventh judicial district consists of Deschutes
County and has six judges.
' (L) The twelfth judicial district consists of Polk County and
has three judges.
' (m) The thirteenth judicial district consists of Klamath
County and has five judges.
' (n) The fourteenth judicial district consists of Josephine
County and has four judges.
' (o) The fifteenth judicial district consists of the counties
of Coos and Curry and has six judges.
' (p) The sixteenth judicial district consists of Douglas
County and has five judges.
' (q) The seventeenth judicial district consists of Lincoln
County and has three judges.
' (r) The eighteenth judicial district consists of { - the
counties of - } Clatsop { - and Tillamook - } { + County + }
and has { - four - } { + two + } judges.
' (s) The nineteenth judicial district consists of Columbia
County and has three judges.
' (t) The twentieth judicial district consists of Washington
County and has 13 judges.
' (u) The twenty-first judicial district consists of Benton
County and has three judges.
' (v) The twenty-second judicial district consists of the
counties of Crook and Jefferson and has three judges.
' (w) The twenty-third judicial district consists of Linn
County and has five judges.
' (x) The twenty-fourth judicial district consists of the
counties of Grant and Harney and has one judge.
' (y) The twenty-fifth judicial district consists of Yamhill
County and has three judges.
' (z) The twenty-sixth judicial district consists of Lake
County and has one judge.
' { + (aa) The twenty-seventh judicial district consists of
Tillamook County and has two judges. + }
' (2) The Secretary of State shall designate position numbers
equal to the number of judges in each of the judicial districts
established by this section. The positions shall reflect any
qualifications established by ORS 3.041.
' { + SECTION 10. + } ORS 3.041 is amended to read:
' 3.041. (1) Each judge of the circuit court shall be a citizen
of the United States and a resident of this state.
' (2) Each judge of the circuit court shall be a resident of or
have principal office in the judicial district for which the
judge is elected or appointed, except that in any judicial
district having a population of 500,000 or more, according to the
latest federal decennial census, any judge of the circuit court
may reside within 10 miles of the boundary of the judicial
district.
' (3) In the seventh judicial district, two of the judges of
the circuit court shall be residents of or have principal offices
in Wasco County, Sherman County, Gilliam County or Wheeler County
and two shall be residents of or have principal offices in Hood
River County, Sherman County, Gilliam County or Wheeler County.
' (4) In the fifteenth judicial district, four of the judges of
the circuit court shall be residents of or have principal offices
in Coos County and two shall be residents of or have principal
offices in Curry County.
' { - (5) In the eighteenth judicial district, two of the
judges of the circuit court shall be residents of or have
principal offices in Clatsop County and two shall be residents of
or have principal offices in Tillamook County. - }
' { - (6) - } { + (5) + } The residence within this state
required by subsection (1) of this section shall have been
maintained for at least three years, and the residence or
principal office required by subsections (2) to { - (5) - }
{ + (4) + } of this section shall have been maintained for at
least one year, immediately prior to appointment or becoming a
candidate for election to the office of circuit court judge.
' { + SECTION 11. + } { + The amendments to ORS 3.012 and
3.041 by sections 9 and 10 of this 2001 Act become operative on
January 1, 2002. On January 1, 2002, the circuit court judges who
were residents of or had principal offices in Tillamook County as
required under ORS 3.041 (5) (1999 Edition) shall become judges
of the twenty-seventh judicial district created under the
amendments to ORS 3.012 by section 9 of this 2001 Act. The
circuit court judges who were residents of or had principal
offices in Clatsop County as required under ORS 3.041 (5) (1999
Edition) shall remain judges of the eighteenth judicial district
on and after January 1, 2002. + }
'
{ + STATE OF OREGON LAW LIBRARY + }
' { + SECTION 12. + } ORS 2.165 is amended to read:
' 2.165. There is established in the General Fund an account to
be known as the Court Publications Account. All moneys in the
account are appropriated continuously to the Supreme Court for
the purpose of paying expenses incurred by the court under ORS
2.150 { + and for the purpose of paying all or part of the
expenses of providing electronic access to State of Oregon Law
Library materials and other official Judicial Department
publications + }. Disbursements of moneys from the account shall
be approved by the Chief Justice of the Supreme Court or, as
directed by the Chief Justice, the State Court Administrator.
' { + SECTION 13. + } ORS 8.125 is amended to read:
' 8.125. The State Court Administrator shall, to the extent
directed by the Chief Justice of the Supreme Court:
' (1) Assist the Chief Justice in exercising administrative
authority and supervision under ORS 1.002.
' (2) Consistent with applicable provisions of law and rules
made thereunder:
' (a) Supervise the personnel plan for officers, other than
judges, and employees of the courts of this state who are state
officers or employees.
' (b) Prescribe the form and content and supervise the
preparation of consolidated budgets, for submission to the
Legislative Assembly, applicable to expenditures made and
revenues received by the state in respect to the courts of this
state.
' (c) Supervise an accounting system for the recording,
monitoring and auditing of expenditures made and revenues
received by the state in respect to the courts of this state.
' (d) Establish and maintain inventory records of property of
the state in the custody or control of the courts of this state
or any judge, other officer or employee thereof.
' (3) Conduct a continuing survey of the administrative methods
and activities, records, business and facilities of the courts of
this state and make recommendations to the Chief Justice based on
the survey.
' (4) Collect and compile statistical and other data relating
to the courts of this state and municipal courts, including the
caseload, workload, performance, status, management, expenses and
revenues of those courts, and make reports on the business and
condition of those courts.
' (5) Establish and supervise a statewide public information
service concerning the courts of this state.
' (6) Establish and supervise education programs for judges,
other officers and employees of the courts of this state and
municipal courts pertinent to the performance of the functions of
those judges, other officers and employees.
' (7) Provide to the judges, other officers and employees of
the courts of this state, to attorneys and to the public
appropriate assistance services relating to the administration
and management of the courts of this state.
' (8) Prepare and maintain a continuing long-range plan for
improvement and future needs of the courts of this state.
' (9) Supervise and maintain the law libraries of the judicial
department of government of this state, including the
{ - Supreme Court - } { + State of Oregon Law + } Library,
and excluding county law libraries established under ORS 9.820
and 9.840.
' (10) Enter into contracts on behalf of the Judicial
Department, including but not limited to financing agreements
entered into pursuant to ORS 283.087.
' (11) Prescribe minimum retention schedules and standards for
all records of the state courts and the administrative offices of
the state courts, including but not limited to minimum retention
schedules and standards for registers, dockets, indexes, files,
citations, notes, audio records, video records, stenographic
records, exhibits, jury records and fiscal and administrative
documents, whether maintained in paper, micrographic, electronic
or other storage form. The State Court Administrator shall ensure
that the minimum record retention schedules and standards
prescribed under this subsection conform with policies and
standards established by the State Archivist under ORS 192.105,
357.825 and 357.835 (1) for public records valued for legal,
administrative or research purposes.
' { + SECTION 14. + } ORS 9.780 is amended to read:
' 9.780. The State Court Administrator may send, free of
charge, one copy of the codes, session laws and Supreme Court,
Court of Appeals and Oregon Tax Court reports of this state as
the same may be published, to each state and foreign country that
exchanges, free of charge, its codes, session laws and equivalent
reports with this state. All legal books and publications
received in exchange by the state shall be added to the
collection of the
{ - Supreme Court - } { + State of Oregon Law + } Library.
' { + SECTION 15. + } ORS 177.080 is amended to read:
' 177.080. The Secretary of State shall cause the Acts of the
Congress of the United States, and of the several states, which
may be received at the office of the Secretary of State, to be
deposited in the { - Supreme Court - } { + State of Oregon
Law + } Library.
' { + SECTION 16. + } ORS 221.710 is amended to read:
' 221.710. (1) All incorporated cities shall file with the
Librarian of the { - Supreme Court - } { + State of Oregon
Law + } Library a duly certified copy of the charter and all
amendments thereto of the city. All charters and amendments
thereto adopted through initiative process by the electors of any
such city and which may be superseded by other charters or
amendments thereto may by such authority be also filed in the
same manner. When so filed all courts of the state shall take
judicial notice thereof and the same may be referred to and
pleaded as a public statute of the state. Future amendments shall
be filed in like manner and with like effect.
' (2) The Librarian of the { - Supreme Court - } { + State
of Oregon Law + } Library shall furnish, over the signature of
the librarian, a certified copy of any document required by
subsection (1) of this section to be filed with the librarian.
The librarian shall collect at the rate of 25 cents per folio of
100 words therefor. All fees so collected shall be remitted by
said librarian to the State Treasurer at the end of every
calendar month, who shall deposit the same in the General Fund.
' { + SECTION 17. + } ORS 357.203 is amended to read:
' 357.203. (1) The State Library and { - Supreme Court - }
{ + State of Oregon Law + } Library operating budget for
services to state agencies shall be assessed against all state
agencies except the State System of Higher Education. The state
library assessment shall be apportioned among the agencies on the
basis of the number of full-time equivalent employees budgeted by
the agency. Except as provided in subsection (3) of this section,
the Oregon Department of Administrative Services shall cause the
amount assessed to be transferred from the moneys appropriated to
each state agency to the Miscellaneous Receipts Account for the
State Library.
' (2) Subject to the provisions of subsection (4) of this
section, the department shall determine and may at any time
redetermine which state funds or appropriations shall be assessed
a reasonable share of State Library and { - Supreme Court - }
{ + State of Oregon Law + } Library operating expenses that
support state agencies. In determining or redetermining the
funds that shall be so assessed:
' (a) A fund consisting of moneys the use of which is
restricted by the Oregon Constitution shall be assessed only
those governmental service expenses ascertained as being
necessarily incurred in connection with the purposes set forth in
the Oregon Constitution.
' (b) Trust funds shall be assessed only those governmental
service expenses ascertained as being necessarily incurred in
connection with the purposes for which the trust fund was
established.
' (c) State agencies shall be assessed only the State Library
and { - Supreme Court - } { + State of Oregon Law + } Library
expenditures that support state agencies.
' (3) The Oregon Department of Administrative Services shall
cause the amount assessed against state agencies for the
operating budget of the { - Supreme Court - } { + State of
Oregon Law + } Library to be transferred to the Judicial
Department. Moneys transferred under this subsection are
continuously appropriated to the Judicial Department and may be
used only for the costs of operating the
{ - Supreme Court - } { + State of Oregon Law + } Library.
' (4) Unless the Oregon Department of Administrative Services
and the Judicial Department agree to a different methodology and
formula, the Oregon Department of Administrative Services shall
apply the methodology and formula used by the Oregon Department
of Administrative Services in determining the amounts to be
assessed to state agencies for the operating expenses of the
State Library in determining the amounts to be assessed to state
agencies for the operating expenses of the { - Supreme
Court - } { + State of Oregon Law + } Library. Usage figures
for the { - Supreme Court - } { + State of Oregon Law + }
Library shall be based on data provided by the Judicial
Department.
' (5) As used in this section, 'state library assessment '
means an assessment to state agencies of the State Library and
{ - Supreme Court - } { + State of Oregon Law + } Library
expenses that are attributable to the support of those agencies.
'
{ + JUDGES AS PERSONAL REPRESENTATIVES + }
' { + SECTION 18. + } ORS 113.095 is amended to read:
' 113.095. A person is not qualified to act as personal
representative who is:
' (1) An incompetent.
' (2) A minor.
' (3) A person suspended for misconduct or disbarred from the
practice of law, during the period of suspension or disbarment.
' (4) A person who has resigned from the Oregon State Bar when
charges of professional misconduct are under investigation or
when disciplinary proceedings are pending against the person,
until the person is reinstated.
' { - (5) A judge of the circuit court, Oregon Tax Court,
Court of Appeals or Supreme Court of this state. - }
' { - (6) - } { + (5) + } A licensed funeral service
practitioner unless the decedent is:
' (a) A deceased relative of the licensed funeral service
practitioner; or
' (b) A deceased licensed funeral service practitioner who was
a partner, employee or employer in the practice of the licensed
funeral service practitioner who is petitioning for appointment
as personal representative.
'
{ + NOTICE OF CHANGE OF NAME + }
' { + SECTION 19. + } ORS 33.420 is amended to read:
' 33.420. (1) Before decreeing a change of name, except as
provided in ORS 109.360, the court shall require public notice of
the application to be given, that all persons may show cause why
the same should not be granted. The court shall also require
public notice to be given of the change after the entry of the
decree.
' (2) Before decreeing a change of name in the case of a minor
child the court shall require that, in addition to the notice
required under subsection (1) of this section, written notice be
given to the parents of the child, both custodial and
noncustodial, and to any legal guardian of the child.
' { + (3) Notwithstanding subsection (2) of this section,
notice of an application for the change of name of a minor child
need not be given to a parent of the child if the other parent of
the child files a verified statement in the change of name
proceeding that asserts that the minor child has not resided with
the other parent and that the other parent has not contributed or
tried to contribute to the support of the child. + }
'
{ + AD HOC INCREASE IN JUDGES' PENSIONS + }
' { + SECTION 20. + } ORS 238.575 is amended to read:
' 238.575. (1) Every monthly retirement allowance or pension
payable to a judge member or surviving spouse of a judge member
under ORS 238.500 to 238.585 shall be adjusted annually to
reflect the percentage increase or decrease in the cost of living
as provided in ORS 238.360.
' (2) ORS 238.365 (4) to (8) apply in respect to a judge member
who retired in the calendar year 1984 or any calendar year
thereafter as provided in ORS 238.365 (4) to (8), and for that
purpose the monthly retirement allowance referred to in ORS
238.365 (4) to (8) shall be the monthly retirement allowance
payable to a judge member or the monthly pension payable to the
surviving spouse of a judge member under ORS 238.565 (3)(a).
' { + (3) In addition to any increase under ORS 238.360,
first effective for the month of July 2001, payable August 1,
2001, the monthly retirement allowance payable to a retired judge
member, and the monthly pension payable to the surviving spouse
of a judge member, shall be increased as follows:
' (a) The monthly retirement allowance of a judge who retired
before January 1, 1981, or the monthly pension payable to the
surviving spouse of a judge who retired before January 1, 1981,
shall be increased by 15 percent.
' (b) The monthly retirement allowance of a judge who retired
on or after January 1, 1981, and before January 1, 1990, or the
monthly pension payable to the surviving spouse of a judge who
retired on or after January 1, 1981, and before January 1, 1990,
shall be increased by 10 percent.
' (c) The monthly retirement allowance of a judge who retired
on or after January 1, 1990, and before August 5, 1991, or the
monthly pension payable to the surviving spouse of a judge who
retired on or after January 1, 1990, and before August 5, 1991,
shall be increased by five percent. + }
'
{ + MISCELLANEOUS PROVISIONS + }
' { + SECTION 21. + } ORS 3.436 is amended to read:
' 3.436. (1) The Chief Justice of the Supreme Court may appoint
a statewide family law advisory committee to assist the State
Court Administrator in carrying out the administrator's
responsibilities under { - section 139, chapter 801, Oregon
Laws 1997, - } { + ORS 3.438 (2) and (4)(a) + } and in
identifying family law issues that need to be addressed in the
future. The Chief Justice shall consider the diversity of this
state in appointing the members of the statewide advisory
committee.
' (2) The Chief Justice shall determine the terms and
organization of the statewide advisory committee.
' (3) Members of the statewide advisory committee are not
entitled to compensation, but may be reimbursed from funds
available to the State Court Administrator from the Family Law
Account for actual and necessary travel expenses incurred by them
in the performance of their official duties.
' { + SECTION 22. + } { + The unit captions used in this
2001 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2001 Act. + }
' { + SECTION 23. + } { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect July 1, 2001. + } ' .
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